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Health and Safety Complaint against employer

I would like to make a complaint to my local authority's environment health department (as dictated by the Health & Safety Executive) regarding the temperature in my workplace.

What I want to know is - can there be any comeback from my employer if I do this? They have had ample opportunity to rectify the problem and after several failed attempts have said they will not do this due to the costs involved so I feel I have no other option but to take it further. Other staff members agree with me but I'm a bit worried about putting my individual name on the complaint incase my employer can take some form of action against me.
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Comments

  • mildred1978
    mildred1978 Posts: 3,367 Forumite
    What is the temperature?

    There are only regulations for minimum temperature - no maximum - so you may be making a lot of fuss for nothing.
    Science adjusts its views based on what's observed.
    Faith is the denial of observation, so that belief can be preserved.
    :A Tim Minchin :A
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 13 August 2012 at 5:18PM
    I would like to make a complaint to my local authority's environment health department (as dictated by the Health & Safety Executive) regarding the temperature in my workplace.

    What I want to know is - can there be any comeback from my employer if I do this? They have had ample opportunity to rectify the problem and after several failed attempts have said they will not do this due to the costs involved so I feel I have no other option but to take it further. Other staff members agree with me but I'm a bit worried about putting my individual name on the complaint incase my employer can take some form of action against me.

    Have you discussed your concerns and attempted to resolve them with your employer?

    If you work in somewhere like a bakery or taking the other extreme, a cold store, then there will be very little they can do in respect of controlling the temperatures - but they can mitigate the effects on the employees.

    And yes - there is GUIDANCE on workplace temperatures - but it is exactly that - guidance.

    I would never advise anyone to report their employer to the enforcing bodies - unless there was iminent danger or persistent breaches.

    It is not a good career move and although I am not trivialising your concerns, the HSE/LA will categorise the complaint on a scale of risk. I suspect a hot or cold workplace would not be deemed as a 'red light' situation and with the HSE and local authorities also bearing the brunt of cuts - you may have to wait for action - if any is actually taken.

    Try to resolve this with your employer and involve your union (if one exists).
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    How about raising a collective dispute before jumping in.

    Is there a TU, if there is involve the safey rep.

    Higher temps, in any case, should be reasonable.
    Don’t be a can’t, be a can.
  • Thanks for the advice. It's a retail environment and the temperature is regularly over 30 degrees C, nearly all day, every day.

    Basically, the air conditioning has broken and on the last attempt to get it fixed (I think there have been 2 seperate attempts, at least) they were told that it needs completely replaced and is unrepairable. They're not willing to do that due to the cost.

    It's also hurting business as customers regularly walk in and walk straight out again as the heat is unbearable. Several have made comments on it.
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Basically, the air conditioning has broken and on the last attempt to get it fixed (I think there have been 2 seperate attempts, at least) they were told that it needs completely replaced and is unrepairable. They're not willing to do that due to the cost.

    Unfortunately it sounds as though you are not going to get blood out of a stone.

    Without seeing the premises, it is difficult to suggest solutions but one obvious remedy to alleviate the problems is to improve the natural ventilation such as leaving doors and windows open - but then that may introduce a security risk - particularly in a retail outlet.

    Does the company have a relaxed dress code? If so, then wearing lighter clothes could help. Try asking for portable fans and the provision of cold drinks.

    It's a difficult one where financial restraints make working for the employer more uncomfortable than dangerous but again,try to discuss a remedy with your employer.

    One saving grace I suppose is the lousy summer we have had!
  • Unfortunately it sounds as though you are not going to get blood out of a stone.

    Without seeing the premises, it is difficult to suggest solutions but one obvious remedy to alleviate the problems is to improve the natural ventilation such as leaving doors and windows open - but then that may introduce a security risk - particularly in a retail outlet.

    Does the company have a relaxed dress code? If so, then wearing lighter clothes could help. Try asking for portable fans and the provision of cold drinks.

    It's a difficult one where financial restraints make working for the employer more uncomfortable than dangerous but again,try to discuss a remedy with your employer.

    One saving grace I suppose is the lousy summer we have had!

    Unfortunately, there are no windows and as the shop is in a shopping centre the door leads out there. They have provided a portable fan and the uniform policy is relaxed anyway but neither or these help a great deal, if, at all.
  • unrepairable. They're not willing to do that due to the cost.

    It's also hurting business as customers regularly walk in and walk straight out again as the heat is unbearable. Several have made comments on it.

    If you take the spend value of the average customer, and multiply it by the number of customers that walk in and walk straight out again, you should be able to calculate the length of time it will be before the repair of the unit is paid for. That's probably the best way to tackle this one.

    So say it is £10k to repair and each customer on average spends £50, and 20 leave each day it will be 10 days before you lose enough business to make the repair worthwhile.
    If you haven't got it - please don't flaunt it. TIA.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Talk to the employer about the customer issue of them not staying not that you are hot.

    Get the customer to complain.

    Chain or independant?
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Not withstanding they should be maintaining their plant anyway (before the whole system needs replaced), an alternative solution may be found in temporary air con units.

    http://www.heatbusters.com/category/Portable-Air-Conditioners/27
    Don’t be a can’t, be a can.
  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    Surely if this is a shopping centre then the air con isn't theirs - it's the shopping centres?
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